NCJ Number
171656
Date Published
1992
Length
128 pages
Annotation
Charts and summaries contained in this manual survey the principal Federal and State laws that impose disabilities as a result of a criminal conviction and the means provided for removing these disabilities in each jurisdiction.
Abstract
Under Federal law and the laws of many States, conviction for a felony has consequences that linger long after a sentence has been served. Convicted felons may lose essential rights of citizenship, such as the right to vote and hold public office, and may be restricted in employment. Under Federal gun control laws and in almost all States, conviction for a felony results in loss or restriction of the right to possess firearms. Laws governing legal rights and responsibilities of criminals, however, vary widely from State to State. Even within a single jurisdiction, there is often no general agreement on how the law should be interpreted and applied. The area of firearms disabilities presents special problems, and uncertainties associated with the laws have had adverse effects on the government's ability to effectively enforce the laws and on individuals whose rights are at issue. Despite uncertainties and variations in State laws, a few patterns can be detected. States roughly divided into five groups: (1) States in which few if any rights are lost due to conviction; (2) States in which rights are automatically restored upon completion of sentence or by obtaining a certificate of discharge from the sentence; (3) States in which rights may be restored through court or administrative procedures; (4) States in which rights may be regained only by a pardon; and (5) States in which one or more rights are permanently lost. Footnotes